Judgment :

Dr. Arijit Pasayat, J.

1. Leave granted.

2. Challenge in this appeal is to the judgment of a Division Bench of the Punjab and Haryana High Court upholding the conviction of the appellant for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the `IPC) and sentencing him to imprisonment for life and fine of Rs.2,000/-with default stipulation as recorded by learned District and Sessions Judge, Ferozepur.

3. Background facts in a nutshell are as follows:

A complaint under Section 302 IPC was filed by Harbans Singh son of Gurbachan Singh, resident of Chak Saidoke, Police Station Sadar Jallalabad, Tehsil Fazilka against Joginder Singh stating therein that on 18.1.1993 at about 9.00 AM. complainant, his brother Harjinder Singh alias Inder Singh, Sube Singh son of Partap Singh, Jarnail Singh son of Mukhtiar Singh, Pohla Singh son of Aroor Singh all residents of village Chak Saidoke had gone to the school of the village for the purpose of casting their votes in the Panchayat Election. At about 9.45 or 10.00 a.m. he and his brother Harjinder Singh made a request to the voters to keep peace so that there may not be any dispute in casting their votes for t